Child Adoption: Trends and Policies

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1 Child Adoption: Trends and Policies

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3 ST/ESA/SER.A/292 Department of Economic and Social Affairs Population Division Child Adoption: Trends and Policies United Nations New York, 2009

4 DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environmental data and information on which States Members of the United Nations draw to review common problems and take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on the ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Note The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The designations developed and developing countries and more developed and less developed regions are intended for statistical convenience and do not necessarily express a judgment about the stage reached by a particular country or area in the development process. The term country as used in the text of this publication also refers, as appropriate, to territories or areas. This publication has been issued without formal editing. ST/ESA/SER.A/292 UNITED NATIONS PUBLICATION Sales No. E.10.XIII.4 ISBN ISBN Copyright United Nations, 2009 All rights reserved

5 PREFACE The Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat is in charge of monitoring population policies in all countries of the world. Since the United Nations convened its first intergovernmental conference on population in 1974, the Population Division has been responsible for reviewing and appraising the implementation of the plans or programmes of action adopted by the United Nations international conferences on population. As part of its work, the Population Division produces in-depth studies on specific issues related to population policy. This report, focusing on policies on child adoption and the resulting trends in 195 countries, aims to provide Governments with the evidence necessary to assess their policies in this area. One of its major conclusions is that available data on child adoptions have a number of limitations that prevent a thorough assessment of the determinants of the process and its consequences for the parties involved. The systematic collection and publication of more detailed data on adoption would provide useful insights about how the process of adoption functions and would validate measures that the authorities in charge could use to ensure the welfare of adopted children. The World Population Plan of Action adopted in 1974 at the World Population Conference called for facilitating child adoption so that involuntarily sterile and sub-fecund couples could achieve their desired family size. Implicit in this recommendation was the idea that adoption is a means to approximate biological parenthood for couples who would otherwise be unable to have children. More than three decades later, the general view is that, in societies where marriage is being increasingly delayed, childbearing is postponed and levels of biological childlessness are on the rise, increasing numbers of persons are resorting to alternative means of experiencing parenthood, including through adoption. This report analyses adoption trends in light of changes in nuptiality and childbearing in order to assess the extent to which the generalized view presented above holds true. This study, the first of its kind undertaken by the Population Division, presents comparable information for 195 countries. The information presented relates to: adoption policies and legislation; multilateral, regional and bilateral treaties on intercountry adoption; levels and trends of total, domestic and intercountry adoptions, and data on selected demographic characteristics of the individuals involved in an adoption, namely, the adopted person, the adoptive parents and the birth parents. The report surveys recent trends and policies on child adoption while providing the cultural and historical background necessary to understand differences in country practices. Acknowledgement is due to Dr. Peter Selman, who contributed background material for several of the chapters of this study, and to Dr. Robert Gardner, who assisted in editing the publication. Responsibility for the design, execution and content of this study lies entirely with the Population Division. This publication, as well as other population information, may be accessed on the Population Division s website, at For further information about this publication, please contact the office of Ms. Hania Zlotnik, Director, Population Division, Department of Economic and Social Affairs, United Nations, New York, N.Y ; tel: (212) ; fax (212) iii

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7 CONTENTS PREFACE... EXPLANATORY NOTES... EXECUTIVE SUMMARY... INTRODUCTION... 1 Chapter I. HISTORY AND EVOLUTION OF MODERN ADOPTION LAWS... 5 A. Adoption laws in antiquity... 5 B. Adoption laws from the Middle Ages to the Modern Era... 9 C. Modern adoption laws D. Adoption laws: present and future challenges E. Summary II. ADOPTION IN RELIGIOUS LAW AND IN TRADITIONAL SOCIETIES A. Adoption and religious law B. De facto adoption and fostering in traditional societies C. Summary III. KEY FEATURES OF MODERN ADOPTION LAWS A. Legal procedures B. Legal requirements for prospective adoptive parents and adopted persons C. Effects of adoption D. Summary IV. INTERNATIONAL, REGIONAL AND BILATERAL AGREEMENTS ON INTERCOUNTRY ADOPTION A. International agreements B. Regional agreements C. Bilateral agreements D. Recent initiatives and future challenges related to intercountry adoptions E. Summary V. LEVELS AND TRENDS IN CHILD ADOPTIONS A. Levels and trends in the total number of adoptions B. Levels and trends in domestic adoption C. Levels and trends in intercountry adoption D. Data limitations and steps to harmonize the collection of data on child adoptions E. Summary VI. THE CHARACTERISTICS OF ADOPTIVE CHILDREN, ADOPTIVE PARENTS AND BIRTH PARENTS A. Selected characteristics of adopted children B. Selected characteristics of adoptive parents C. Selected characteristics of the birth mother D. Summary VII. THE DEMAND FOR AND AVAILABILITY OF ADOPTABLE CHILDREN A. The demand for adoption from the perspective of adoptive parents B. The demographic factors associated with the demand for adoption C. The availability of adoptable children D. Summary Page iii xiii xv v

8 Page VIII. A FRAMEWORK FOR FURTHERING THE STUDY OF ADOPTION A. Framework for the generation and collection of statistics on domestic adoption B. Framework for the collection of statistics on intercountry adoption C. Conclusion GLOSSARY REFERENCES COUNTRY PROFILES Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia (Plurinational State of) Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Cook Islands Costa Rica Côte d Ivoire Croatia Cuba Cyprus vi

9 Page Czech Republic Democratic People s Republic of Korea Democratic Republic of the Congo Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hungary Iceland India Indonesia Iran (Islamic Republic of) Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao People s Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya vii

10 Page Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia (Federated States of) Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria Niue Norway Oman Pakistan Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal viii

11 Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syrian Arab Republic Tajikistan Thailand The former Yugoslav Republic of Macedonia Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United Republic of Tanzania United States of America Uruguay Uzbekistan Vanuatu Venezuela (Bolivarian Republic of) Viet Nam Yemen Zambia Zimbabwe Page ANNEXES NO. I. DERIVATION OF GLOBAL ESTIMATES OF TOTAL, DOMESTIC AND INTERCOUNTRY ADOPTIONS II. REFERENCES FOR COUNTRY PROFILES III. ANNEX TABLES ix

12 No. TEXT TABLES I.1. Year of promulgation or enactment of selected adoption laws, III.1. Number of countries requiring the prospective adoptive parent to be of a certain age by type of age requirement III.2. Number of countries requiring the prospective adoptive parents to be of a certain age, by age group of prospective adoptive parents III.3. Number of countries permitting single persons to adopt by sex of those persons and major area. 39 III.4. Number of countries that require or allow the child to express consent to adoption by the age above which the child s consent is sought IV.1. Countries that have ratified the European Convention on the Adoption of Children, IV.2. Countries that have ratified the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors, V.1. Countries with the largest total number of adoptions and different adoption rates V.2. Countries with the largest number of domestic adoptions V.3. Countries of destination with the largest number of intercountry adoptions and main country of origin V.4. Countries of origin with the largest number of intercountry adoptions and main country of destination V.5. Number of intercountry adoptions by main country of origin, and V.6. Countries publishing data on adoption by type of adoption and by major area VI.1. Mean age of children at the time of adoption by type of adoption VI.2. Sex ratio and percentage of boys among adopted children at the time of adoption by type of VI.3. adoption Overall number of intercountry adoptions by country of origin and sex of the child for Denmark, Ireland and Norway combined, VI.4. Age of parents at the time of adoption, various indicators VI.5. Number and percentage of adoptions by single parents VI.6. Number and percentage of adoptions by step-parents and other relatives VI.7. Adoptions by age and marital status of the birth mother, Australia, VII.1. Number of adoption applications and approvals VII.2. Average desired number of children and distribution of persons by number of children desired for selected countries of destination of intercountry adoptions VII.3. Number of adoptions by persons with and without children at the time of adoption VII.4. Number of children in care and adoptions of children from care VII.5. Sex ratio of children in care and of those adopted from care VII.6. Mean ages of children in care and adopted children at the time of adoption from care VII.7. Domestic rate of under-five adoptions by step-parents and selected indicators of marital dissolution Page ANNEX TABLES A.III.1. Status of adoption, national legislation and institutional arrangements concerning adoptions by major area and country A.III.2. Selected requirements for prospective adoptive parents and adopted children by major area and country A.IV.1. Countries that have ratified various conventions relevant to intercountry adoptions A.V.1. Selected adoption rates by major area and country A.V.2. Selected adoption indicators by major area and country A.V.3. Main countries of destination of intercountry adoptions for selected countries of origin A.V.4. Main countries of origin of intercountry adoptions for selected countries of destination A.VI.1. Total number of adoptions and percentage distribution of adoptions by age of the child at the time of adoption x

13 No. A.VI.2. Number of domestic adoptions and percentage distribution of domestic adoptions by age of the child at the time of adoption A.VI.3. Number of intercountry adoptions and percentage distribution of intercountry adoptions by age of the child at the time of adoption A.VI.4. Sex ratio of adopted children and percentage distribution by sex A.VI.5. Sex ratio of children adopted domestically and percentage distribution by sex A.VI.6. Sex ratio of children adopted through an intercountry procedure and percentage distribution by sex A.VII.1. Total, domestic and intercountry under-five adoption rates and selected indicators of the desired family size in countries that are not major destinations for intercountry adoptions A.VII.2. Total, domestic and intercountry under-five adoption rates and selected indicators of the desire for more children in countries that are not major destinations of intercountry adoptions A.VII.3. Total, domestic and intercountry under-five adoption rates and selected indicators of fertility in countries that are major destinations of intercountry adoptions A.VII.4. Total, domestic and intercountry under-five adoption rates and selected indicators of fertility in countries that are not major destinations of intercountry adoptions A.VII.5. Total, domestic and intercountry under-five adoption rates and percentage of extramarital births in countries that are major destinations of intercountry adoptions A.VII.6. Total, domestic and intercountry under-five adoption rates and percentage of extramarital births in countries that are not major destinations of intercountry adoptions A.VII.7. Total, domestic and intercountry under-five adoption rates and selected indicators of abortion and contraceptive use in countries that are major destinations of intercountry adoptions A.VII.8. Total, domestic and intercountry under-five adoption rates and selected indicators of abortion and contraceptive use in countries that are not major destinations of intercountry adoptions A.VII.9. Total, domestic and intercountry under-five adoption rates and selected indicators of orphanhood in countries that are not major destinations of intercountry adoptions Page TEXT FIGURES V.1. Number of domestic adoptions in Ireland and New Zealand, V.2. Number of domestic adoptions and adoptions by step-parents and other relatives, Australia, V.3. Number of intercountry adoptions in Northern America and in West European countries as a group, by region of origin, V.4. Number of intercountry adoptions in Northern America and in West European countries as a group, by country of origin, V.5. Number of intercountry adoptions in the United States, V.6. Number of intercountry adoptions in France and Sweden, V.7. Number of domestic and intercountry adoptions in Romania, V.8. Number of intercountry adoptions received by the United States from the four main countries of origin, VI.1. Age distribution of children adopted domestically and through an intercountry procedure, Norway, VI.2. Age distribution of children adopted by step-parents and by non-related adoptive parents, Germany, VI.3. Adoptions by step-parents and adoptions of children aged 10 or over, Switzerland, VI.4. Number of domestic and intercountry adoptions by sex of the adoptive child, Singapore, VI.5. Number of adoptions by age and sex of the adoptive parent, Australia, xi

14 No. VII.1. Applications for intercountry adoption according to the number of persons that prospective parents were seeking to adopt, Italy, VII.2. Applications for intercountry adoption by number of biological and adopted children, Finland, VII.3. Domestic under-five adoption rate and total fertility per woman in countries that are not major destinations of intercountry adoptions VII.4. Domestic under-five adoption rate versus the mean age at first birth in countries that are not major destinations of intercountry adoptions VII.5. Out-of-wedlock births and adoptions in Ireland, VII.6. Adoptions by step-parents and marriages involving at least one partner who was previously married, Norway, Page BOXES I.1. Selected articles of law related to adoption in the Code of Hammurabi, eighteenth century B.C. 6 I.2. Selected articles of law related to adoption in the Institutes of Justinian, 533 A.D... 8 I.3. Selected articles of law related to adoption in the French Civil Code, I.4. The Massachusetts Adoption of Children Act, II.1. Countries that do not recognize the institution of adoption III.1. Countries that require prospective adoptive parents to be married III.2. Countries that impose restrictions based on the citizenship or place of habitual residence of the adoptive parent III.3. Countries that restrict adoption of children of a certain sex based on the sex and marital status of the adoptive parent IV.1. Baby selling and human trafficking for the purpose of adoption IV.2. Countries that have raised concerns about the sale of or traffic in children in relation to intercountry adoption V.1. Countries with the highest percentage of domestic adoptions V.2. Government efforts to promote domestic adoptions in Latvia V.3. Countries with the highest percentage of intercountry adoptions VI.1 The adoption of adults VIII.1. Recommended tabulations on domestic adoption VIII.2. Recommended tabulations on intercountry adoption xii

15 Explanatory notes Symbols of United Nations documents are composed of capital letters combined with figures. The tables presented in this publication make use of the following symbols: Two dots (..) indicates that the item is not applicable. Three dots ( ) indicate that data are not available or are not separately reported. An em-dash ( ) indicates that the amount is nil or negligible. A minus sign (-) before a figure indicates a decrease. A full stop (.) is used to indicate decimals. Use of a hyphen (-) between years, for example , signifies the full period involved. Percentages in tables and figures do not necessarily add to totals because of rounding. xiii

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17 EXECUTIVE SUMMARY Adoption is one of the oldest social institutions. Nevertheless, adoption still raises highly emotive issues because of its fundamental implications for the meaning of familial ties. Questions on whether adoption serves the best interests of children, who should be allowed to adopt and the role of Governments in regulating such decisions are frequent subjects of debate. Yet, despite the heightened attention to these issues, much of the information on adoption remains anecdotal. Data on the number of children adopted domestically are rarely available and when they are, they tend to be out-of-date. Similarly, comparable information on trends in intercountry adoptions that is, adoptions that involve a change of country of residence for the adopted person is often lacking or is available for just a few countries. is the first study focusing on adoption prepared by the Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat. The study provides a solid foundation for furthering research on child adoption and, more specifically, on the demographic factors that shape the demand for and the availability of adoptable children. The focus of this report is on the nexus between adoption policies and trends at the national and global levels. Understanding adoption policies and their origins is all the more important today because, as adoption has become global, inconsistencies among the legal principles and traditions regarding adoption in different countries are increasingly coming to the fore. The major findings of this study are summarized below. Key findings 1. There are over a quarter of a million adoptions every year. The United Nations Population Division estimates that some 260,000 children are adopted each year. This estimate implies that fewer than 12 children are adopted for every 100,000 persons under age 18 (figure I). Adoption remains, therefore, a relatively rare event. 2. A few countries account for most adoptions (figure II). The United States of America, with over 127,000 adoptions in 2001, accounts for nearly half of the total number of adoptions worldwide. Large numbers of adoptions also take place in China (almost 46,000 in 2001) and in the Russian Federation (more than 23,000 in 2001). 3. The purpose of adoption has evolved over time. Historically, adoption occurred primarily to preserve and transmit family lines or inheritance, to gain political power or to forge alliances between families. Adopted persons were usually adolescents or adults who could guarantee the continuation of the family line. The notion that adoption was a means for promoting children s welfare did not take hold until the mid-nineteenth century. Today, the principle of ensuring that the best interests of the child are served by adoption is the paramount consideration enshrined in most adoption laws. 4. Over 160 countries recognize the legal institution of adoption but 20 countries do not have legal provisions allowing child adoption. In most of the countries where adoption is not possible, alternative procedures, such as guardianship or the placement of children under the care of relatives are permitted. Religion often plays a key role in determining the conditions under which such alternative practices may be pursued. 5. In some countries, informal adoption and fostering are perceived as preferable to formal adoption. Informal or de facto adoption and fostering are practices that allow parents to put children in the care of others (usually relatives) without having to cut all ties with their children. These practices contrast markedly with the secrecy and finality that have come to characterize adoption in the western context. xv

18 Executive summary Figure I. Number of adoptions of children under 18 per 100,000 children under 18, most recent data available, Sources: For a complete list of country references, see annex II. NOTES: The under-18 adoption rate is calculated by dividing the total number of adoptions of persons under age 18 by the number of persons under age 18. It is assumed that all persons adopted are under age 18 at the time of adoption. The boundaries shown on the present map do not imply official endorsement or acceptance by the United Nations. 6. The consequences of an adoption for the rights of adopted children differ considerably among countries. In some countries, adopted children acquire the same rights as birth children, including the right to inheritance, and adopted children sever all legal ties with their birth parents. In other countries, the termination of natural ties between birth parents and children is viewed as culturally unacceptable. 7. Requirements for prospective adoptive parents vary considerably among countries. In 81 countries, adoption laws establish a minimum age for prospective adoptive parents and in 15 countries, adoption laws also stipulate a maximum age. Single persons are allowed to adopt in 100 countries but in 15, only married couples can adopt. In many countries, laws have been amended to allow older persons or single persons to adopt. However, in some cases, the criteria that potential adoptive parents must meet have become more stringent. Adoption by step-parents, for instance, is currently discouraged in several countries because of the potentially detrimental effects that such adoptions are deemed to have on the child s relationship to his or her non-custodial biological parent. The requirements for intercountry adoptions have also been tightened in several countries of origin. 8. Domestic adoptions far outnumber intercountry adoptions. Almost 85 per cent of all adoptions involve citizens or residents of the same country. Domestic adoptions represent at least half of all adoptions in 57 of the 96 countries with data. Whereas the number of domestic adoptions has been declining in many developed countries, several developing countries have experienced an increase in the number of domestic adoptions, partly because of the implementation of policies to encourage local residents to adopt. xvi

19 Executive summary Figure II. Countries with the largest number of adoptions, most recent available data, United States China Russian Federation Ukraine United Kingdom Germany Spain France Brazil Canada Republic of Korea Guatemala Kazakhstan Italy India Viet Nam Uzbekistan Poland Bulgaria South Africa 0 30,000 60,000 90, ,000 Source: For a complete list of country references, see annex II. NOTES: Data for Canada and the Russian Federation are estimates. Data for Brazil refer to the state of São Paulo only. Data for Poland refer to adoption rulings by the courts. 9. Adoptions by step-parents and other relatives account for more than half of all domestic adoptions. Nevertheless, the number of adoptions by step-parents and other relatives has been declining in recent years. In some countries, the introduction of legislation discouraging adoptions by step-parents accounts partly for this trend. Declining re-marriage rates and an increasing prevalence of informal parenting arrangements are also contributing to that decline. 10. The number of intercountry adoptions has been increasing. Both the number of intercountry adoptions and their share among all adoptions have been increasing. In many European countries, intercountry adoptions now account for more than half of all adoptions. 11. The United States, France and Spain, in order of importance, are the major countries of destination of children adopted internationally. Other countries that experience large inflows of children adopted from abroad are Canada, Germany, Italy, the Netherlands and Sweden. Each of these countries has recorded over 1,000 foreign adoptions annually in recent years. 12. Asian and East European countries are the major sources of children adopted through an intercountry procedure. Relatively few children adopted internationally originate in Africa or Latin America and the Caribbean. The countries of origin accounting for most international adoptions are China, Guatemala, the Republic of Korea, the Russian Federation and Ukraine. More than half of the children adopted abroad originate in those five countries. xvii

20 Executive summary 13. The dwindling supply of children available for domestic adoption may partially explain the increase in the number of intercountry adoptions. In developed countries, the widespread availability of reliable, safe and inexpensive contraception has meant that there are fewer children available for adoption. In addition, wider societal acceptance of single parenthood and the greater availability of welfare support have meant that fewer single mothers give up their children for adoption. 14. The characteristics of children available for domestic adoption has also contributed to the increase in the number of intercountry adoptions. Adoptable children within countries are often older than those desired by adoptive parents. The desire for younger children has probably prompted some parents to adopt children abroad. Intercountry adoptions are also favoured in contexts where adoption procedures are less demanding and faster for intercountry adoptions than for domestic adoption. 15. Over 60 per cent of adopted children are under age five at the time of adoption. Despite adoptive parents preference for younger children, relatively few adoptions involve children under age one. Adoptions of children older than five years also tend to be rare and, when they occur, they frequently involve step-children. 16. In countries of destination, children adopted domestically tend to be older than children adopted through an intercountry procedure. This outcome results, at least in part, from the fact that domestic adoptions comprise a larger proportion of step-child adoptions, which usually involve older children. The preference of prospective adoptive parents for adopting younger children may also be a factor. In countries of origin, children adopted domestically tend to be younger than those adopted by foreign parents through an intercountry procedure. The principle of subsidiarity, whereby intercountry adoption is considered only after all other options have been exhausted, may be the reason for this difference. 17. More girls are adopted than boys. In both domestic and intercountry adoptions, the number of girls adopted exceeds that of boys. In some countries, this pattern is associated with imbalances in the sex distribution of children available for adoption. In other countries, the perception that girls are easier to raise or that female children are more likely to provide assistance with housework or care-giving activities may explain in part the higher percentage of adoptions involving girls. 18. Most adoptive parents are in the age group. Adoptions by parents who are younger than 30 or older than 44 are less frequent, partly because of the maximum and minimum age limits imposed by the legislation of most countries. Female adoptive parents are generally younger, partly because they are less likely to adopt as step-parents. 19. The numbers of male adoptive parents is roughly the same as that of female adoptive parents. However, in countries with large numbers of adoptions by step-parents or where adoption by single persons is permitted, differences by sex are noticeable. Among adopting step-parents, men outnumber women, but women outnumber men among single persons who adopt. 20. People who are unable to achieve their desired family size through childbearing often resort to adoption. Country-level surveys and ethnographic studies indicate that persons who are involuntarily childless as a result of sterility, subfecundity or other factors often seek to adopt. 21. Adoption is not simply a demographic response to achieve a desired family size for those suffering from involuntary sterility and sub-fecundity. Whereas involuntary childlessness is often associated with adoption, in several countries a large percentage of persons seeking to adopt already have children of their own. xviii